Not so fast! Shortly after the L.A. City Council President Eric Garcetti announced that the writers on shows for the Comcast Entertainment Networks have voted overwhelmingly in favor of a WGA representation, Comcast struck back, dismissing the vote as a “non-binding poll” and asking again for a NLRB-sanctioned election, which is a lengthy procedure.

Yesterday the WGAW conducted a non-binding poll with some of our employees purporting that it was an “election,” and this morning L.A. City Council President Eric Garcetti announced the results. We want to make it very clear to our employees, the press and the interested public that union elections are governed by federal law, and overseen by the National Labor Relations Board, the government agency officially charged with such oversight for the past 75 years. This was not an NLRB-sanctioned election and has no binding effect. This non-binding poll was in direct conflict with the NLRB-sanctioned process for union organizing which ensures that all eligible employees are permitted to vote on such an important matter as union representation.

Which employees are eligible to vote is a matter determined not by the union, as was done here, but by the NLRB. The NLRB process begins with the union filing a petition with a description of the unit or units of employees that they wish to represent. Because the union has not taken that first step, the NLRB has not even begun the process of determining which employees would be eligible and how many units there could be at E!, Style and G4.

The WGA has asked the company to voluntarily recognize it as the representative of some of our employees without affording those employees the right to vote in a real and binding election, with all of the protections established under federal law ensuring the fairness of that process. We informed the union that we believe in the sanctity of the secret ballot election and feel that it is important for every employee to have the opportunity to vote. A binding election of eligible employees, overseen by the NLRB, is what is called for and is what is fair for our employees.

If the WGA is truly certain of the desires of our employees, as they assert they are, then they should call for an NLRB-sanctioned election so that voting can take place and the matter can be settled in the manner prescribed by the NLRB.

PREVIOUS 10:40 AM The vote should finally clear the way to WGAW representation for writers on Comcast’s E!, Style and G4 who have been seeking coverage for the past several months.

Los Angeles – Writers on Comcast’s entertainment networks E!, Style, and G4 have voted to be represented by the Writers Guild of America, West (WGAW). Tuesday’s secret ballot election was monitored and certified by the office of L.A. City Council President Eric Garcetti, and the results were announced by the councilmember today at City Hall.

Writers from Comcast Entertainment Group’s cable networks shows, including The Soup, The Dish,Attack of the Show, and E! News, cheered as Garcetti announced the tally – 46 in favor of WGAW representation, 1 against.

“The results of this election send a clear message – these writers are serious about organizing and want Comcast to sit down with the WGAW to negotiate a contract on their behalf,” said the L.A. City Council President.

Despite being notified of the signing of union authorization cards by more than 80% of its writers, Comcast rejected their request to negotiate with the WGAW immediately, and instead chose to stall the process, saying it preferred an election controlled by the Federal government through the National Labor Relations Board. The writers then decided a representation election was in order.

“As professional writers, we’re only asking for what our counterparts at NBC Universal have,” said The Dish writer Penelope Lombard. “We’ve selected the WGAW to represent us, and we expect Comcast to honor our decision.”

“Comcast made a public statement saying it believed in the sanctity of a secret ballot election and that’s exactly what we’ve participated in,” said The Soup writer Greg Fideler. “Comcast must now do its part and begin talks with the Writer’s Guild.”

Last week, Comcast writers got a boost from their Writers Guild counterparts at NBC Universal (NBCU) when more than 140 writers with shows airing on NBCU’s broadcast or cable channels or whose shows are produced by NBCU signed a letter supporting the Comcast writers’ request for the company to enter into negotiations with the WGAW. Referring to the proposed merger between Comcast and NBC Universal, the letter stated, “If the Comcast-NBCU merger is approved, we will all be generating revenue for the same company. On February 25th, 2010, Comcast CEO Brian Roberts testified at a House Judiciary Committee hearing, saying: ‘And so one of our commitments upfront is we hope to continue the good relations with the guilds and with the unions that NBC Universal has.’

Therefore, we call on Comcast Entertainment Group to live up to its pledge and immediately recognize and negotiate with the Writers Guild of America, West.”

24 Comments

How the paid big-business shills gonna’ spin this one? Unionism is dead? Ha. Writers must hold firm, and maybe one day soon SAG actors will get a clue.

Jake • on Dec 15, 2010 11:35 am

I applaud the efforts of writers and all workers who insist that companies acknowledge their value and their rights. Comcast, do the right thing!

A Writer with Style. • on Dec 15, 2010 11:35 am

Bravo to all the hardworking, professional WRITERS and ON-AIR TALENT who turned out the vote yesterday! We deserve fair wages, benefits and pensions!

reel2reel • on Dec 15, 2010 11:35 am

The unions do not get to choose which NLRA provisions they obey. Since they are quick to invoke the protections of the NLRA, they should be willing to follow its procedures even when that might be a little inconvenient for them. I have no love whatsoever for Comcast and frankly hope the merger is struck down. But I also have no liking for hypocrisy whether it be from the big bad corporation or the union.

Justin P • on Dec 15, 2010 11:35 am

Very good post. Absolutely correct.

Joe Hill • on Dec 15, 2010 11:35 am

We see how they respond: We don’t care what you want, you have to jump through our hoops. This is the arrogance of a company that has crushed union organizing attempts throughout their cable empire by fair means and foul, using the delays of the NLRB election process to buy time for their “education” of the workforce. As for their claim that the only way employees can organize is through an NLRB election ignores the fact that most unions in the US were organized initially and continue to organize through voluntary recognition, a practice recognized and sanctioned by the NLRB.

Ryan • on Dec 15, 2010 11:35 am

This is labor law 101. The only organization that can order and supervise an official election is the NLRB. The WGA knows this, so why didn’t they petition the NLRB for an election the first time? If Comcast didn’t voluntarily recognize w/o a vote, why would they do so w/o an official NLRB election? WGA fail.

(I’m not condoning what Comcast is doing, I’m just saying that the WGA knows better and should have gone through the proper procedure.)

Mr. Liberal • on Dec 15, 2010 11:35 am

I’m a good union guy, despite the silliness of the directors showing up at union meetings in their Rolls and Bentleys and complaining of exploitation, but the law is indeed the law, and it’s not a bad one. Why shouldn’t the WGA just work through the NLRB like other unions?

Lily • on Dec 15, 2010 11:35 am

The WGA is using a smart pr strategy which gets the word out to everyone involved (the FCC, the DOJ, etc.) pre-merger. Regardless of what happens now, Comcast is in a difficult position to refuse unionization to the writers in the long run.
The WGA also suspects that Comcast wants to get rid of the union writers that are already at NBC Universal. This public display of “refusal” on Comcast’s part will make it more obvious that Comcast is anti-union, which will make it difficult for them to get rid of the union writers once/if the merger takes place.

Gerry Duggan • on Dec 15, 2010 11:35 am

The secret ballot election that was called for by the company has been delivered. Any further distractions about engaging the NLRB in a divisive process is a waste of valuable time and money. I hope the company does the right thing and recognizes the election results and begins negotiations with the WGA.

Sarah • on Dec 15, 2010 11:35 am

Shame on Comcast! Their history with union busting has been bold and offensive to workers rights . Comcast proves over and over again that they lack any integrity with their customers and their employees. They’re one of the worst examples of unchecked corporate greed in America.

WTF? • on Dec 15, 2010 11:35 am

CEG WRITERS: We would like to be recognized as Writers and earn fair wages and get health benefits for ourselves and our families. We are in favor of having the WGAW represent us. Please sit down and talk.

COMCAST: Blah, blah, blah … We need time to understand this situation … blah, blah, blah … Who does this affect? blah, blah, blah … What Writers? We only have “employees who write programming” … blah, blah, blah … What are those letters again? W, G, huh?

CEG WRITERS: OK, we all signed cards and the WGA made a call to Ted. Can we please sit down?

COMCAST: Huh? What? Oh, sorry, we were busy with our Halloween preparations. OK, what again? Oh yeah, blah, blah, blah, NLRB election … [stall, stall, stall] … Ummm, we need to see how this would affect us. Oh, did we use that excuse already?

CEG WRITERS: But Comedy Central negotiated with the WGA without an NLRB election. Can we please just sit down?

COMCAST: Blah, blah, blah … But this is a fun environment! PA’s can write shows here … Isn’t that fun? … We’d like an opportunity to tell you why it would be better to not to have fair wages and pensions and health benefits …

CEG WRITERS: OK, tell us!

COMCAST: Yeah, we’ll get back to you.

CEG WRITERS: OK, we had an election that was overseen by Eric Garcetti’s office. Pretty much everyone voted in favor of a union contract. Will you sit down with us now?

COMCAST: Blow it out your ass. That wasn’t a real election. We’re gonna drag this thing out forever. We don’t really care.

Shaka Zulu • on Dec 15, 2010 11:35 am

WTF, You made my day!

Wait, is that a transcript from the SAG negotiations(and I use the term loosely!) from 5 years ago?

Thanks for that. Funny (and sad) stuff.

steven alan • on Dec 15, 2010 11:35 am

CEG Writers: Instead of just being an employee of Comcast and getting paid the way other employees do and get the same benefits that other comcast employees get, we also want to be part of the union.

Comcast: Why are you any better than my one of my accountants, research analyst, or ad sales reps? They don’t have unions.

CEG Writers: Because we are writers and we are so much better than everyone.

WTF? • on Dec 15, 2010 11:35 am

CEG Writers: We never said we are better than everyone. If accountants, research analysts and ad sales reps want to form a union, go right ahead. We’d support them in their efforts too. It’s not about comparing ourselves to the other Comcast employees, whom we work alongside in great company, it’s about comparing what we do to what other writers in the industry (and indeed at NBCU) do.

Script Consultant • on Dec 15, 2010 11:35 am

Why does Comcast continue to pretend that an NLRB election is the only route to take when the overwhelming majority of Hollywood unions are recognized through Voluntary Recognition, a practice the NLRB officially condones?

All we need for voluntary recognition is proof of more than 50% support in the potential bargaining unit. It looks like this officially-sanctioned election by an impartial third party fulfills that requirement, doesn’t it?

Stop stalling, Comcast. Come to the bargaining table.

Wallabee • on Dec 15, 2010 11:35 am

“We informed the union that we believe in the sanctity of the secret ballot election and feel that it is important for every employee to have the opportunity to vote. A binding election of eligible employees, overseen by the NLRB, is what is called for and is what is fair for our employees.”

If the Dems had passed card check, these writers would already be part of the WGA.

Ted • on Dec 15, 2010 11:35 am

Keep it up Comcast, this is not gonna end well for you. If you keep this up you’re gonna have to change the name of your most popular show from “Chelsea Lately” to “Sal Masekela Lately.” Good luck after her contract is up.

Do It Now • on Dec 15, 2010 11:35 am

The WGA should take lessons from IATSE’s recent success in flipping The Biggest Loser (after MUCH opposition from the production entities involved) on behalf of crew members seeking health and pension benefits. Sack up, WGA and don’t screw this up for the CEG employees like you did for the ANTM writers a few years back.

concerned writer • on Dec 15, 2010 11:35 am

Both Comedy Central and TBS did the right thing and recognized the wishes of their writers and did not require the farce of an NLRB election. Why can’t Comcast do the same thing? Instead, they pretend that their writers don’t know that an NLRB election is a common tool used by companies to stall the unions, and that they can take years – years in which people would go without health insurance. They also stack the “voting unit” in favor of the company.

Fred Zarguna • on Dec 15, 2010 11:35 am

Garcetti has no standing in this matter; neither does the pretentious LA City Council. These attention whores need to get out of the way.

The company also has rights, and that includes the right to demand an NLRB determination of what constitutes the bargaining unit, and an NLRB certification election. The NLRB is little more than a hand-puppet of the labor unions anyway, so eventually the vote will count if the votes are actually there.

Yes, it’s true that workers can be represented under Voluntary Recognition — if the company agrees. It clearly doesn’t, so that means the full process will go forward, and it also means that Comcast is correct: this is nothing more than a non-binding poll. Claims that it’s something more are typical of the gangersterism and coercion we’ve come to expect from organized labor.

Not buying it • on Dec 15, 2010 11:35 am

The NLRB is a great organization according to the Heritage Foundation, the people who helped develop Newt Gringrich’s Contract with America, so you know they would never put the interests of big business ahead of Americans.